Judge Temporarily Halts Mississippi’s DEI Ban In Schools, Colleges

Mississippi’s DEI ban in K-12 schools and state-funded universities is facing a significant roadblock after a federal judge placed a temporary restraining order on the law on Sunday. 

According to AP News, U.S. District Court Judge Henry Wingate’s temporary restraining order will stay in place until he rules on the plaintiffs’ request for a preliminary injunction, which would entirely prevent the law from being enforced while the case is being litigated. The plaintiffs include parents, students, and the Mississippi Association of Educators, who are being represented by both the ACLU and Mississippi Center for Justice (MCJ). 

“In this Court’s eye, these accounts appear to reflect a broad, chilling effect across public institutions and community organizations,” Wingate wrote in his order. “The evidence, at this stage, demonstrates a clear and ongoing deprivation of constitutional rights in a manner not compensable by money damages — thus warranting injunctive relief.”

In April, the Mississippi state legislature passed a law banning DEI programs in K-12 schools and state-funded universities. The law prevents teachers from engaging in “divisive concepts,” regarding race, gender, and sexuality. The law also allows parents to sue schools if they believe a school is violating Mississippi’s DEI ban and would withhold funding from schools should they be found in violation of the ban.

The plaintiffs filed their case against the state, believing the language in the law was unconstitutionally vague. “‘Engage’ is not defined,” ACLU of Mississippi’s Legal Director Joshua Tom argued. “How does a teacher or student ‘engage’? Do a mandatory reading? Talk about it in class? What if they go on a field trip and one of the concepts is introduced? Is that engaging? It’s not clear.”

“This statute would throw our schools into chaos if it’s allowed to go forward,” ​​MCJ attorney Rob McDuff argued in court. “As we approach the fall semester, teachers are preparing their lesson plans … people need to know that at least for the moment, enforcement of this law is going to stop while the court further considers the issues.”

Special Assistant Attorney General Rex Shannon, who represents the state agency defendants, argued against the restraining order, saying the plaintiffs didn’t have the legal standing to file the lawsuit in the first place. The temporary restraining order is set for 14 days with the option to be extended another 14 days should it be necessary. Both parties will return to court on Aug 5 to make their cases for and against a preliminary injunction. 

Mississippi’s DEI ban has already resulted in several educators and school officials questioning what constitutes “engaging in divisive concepts.” A Jackson Public Schools official filed a question asking if celebrating Black History Month would violate the law, and the University of Mississippi prevented professors from marching in Oxford’s pride parade to comply with Mississippi’s DEI ban. 

From West Virginia to Texas, Republican-led state legislatures have enacted DEI bans in K-12 schools and state-funded universities. The Department of Education is enacting similar moves on the federal level, withholding federal funding for schools practicing DEI and launching a task force to investigate schools suspected of continuing their DEI initiatives. 

This is all being done to fall in line with President Trump’s ongoing war against “wokeness,” DEI, and anything that makes white people feel remotely uncomfortable. At least for now, educators in the state can begin the school year without worrying if they’re accidentally violating Mississippi’s DEI ban. 

SEE ALSO:

Federal Judge’s Ruling Could Halt Mississippi’s DEI Ban In Schools

Texas Is The Latest State To Censor Higher Education Over DEI Concerns